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08. Ordinance 1568 - Initial Zoning - John and Bobbi Bonner - 1st ReadingORDINANCE NO. 1568 AN ORDINANCE TO AMEND SECTION 27,02.010, OFFICIAL ZONING M , CITY of KALISPELL ZONING ORDINANCE, (ORDINANCE NO. , BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS ASSESSORS TRACE` 5F LOCATED IN SECTION 32., TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, 1 oN ANA (PREVIOUSLY ZONED COUNTY R.A.-I., RESIDENTIAL APARTMENT) MENT) o CITY R-5 (RESIDENTU%L/PROFESSIONAL FIC , IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 20201, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, John and Bobbi Bonner, the owners of the property described above, petitioned the City of Kalispell that the o i g classification attached to the above described tract o land be zoned B-1, Neighborhood Buffer District, on approximately one-half acre o land, and WHEREAS, the property is located on the west side of Whitefish S to e Road, north of the intersection with West Evergreen Drive, and WHEREAS, the Bonner" s petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report KA-05- 20, dated January 3, 2006, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-1, Neighborhood Buffer District, as requested by the petition, and WHEREAS, the Kalispell Planning Board and Zoning Commission held a public hearing on January .ary 0, 2006, and determined from public comment and discussion that the appropriate zoning designation should be R-5, Residential/professional office, and rr oved to amend the findings of fact of KA-05-20 as such, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-5, Residential/Professional Office, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-60, M.C.A., and State, Etc. v. Board o County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set .forth ill Amended Staff Report No. KA-5 -20 . NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY of KALISPELL .AS FOLLOWS: SECTION I. Section 27.02.010, of the official Zoning Map of the Kalispell Zoning; ordinance, Ordinance No. 1 0 is hereby amended by designating the property described above as R-51 Residential/Professional office, on approximately ore -half acre of land. SECTION 111. The balance of Section 27.02.010, official Zoning Map, City o Kalispell Zoning ordinance not amended hereby shall .ai in full force and effect. SECTION 11I.This ordinance shall be effective thirty 3 days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED HE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY of KALISPELL THIS.21ST DAY o FEBRY,, Zoo . Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk